CAN PARTIES BE DE-RECOGNISED OR DE-REGISTERED?

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Context: The Election Commission of India (ECI) has expressed concern about the Model Code of Conduct (MCC)'s enforcement in India, suggesting that celebrity campaigners should provide a good example rather than undermine society.

Details

• The Election Commission of India (ECI) plays a crucial role in ensuring free and fair elections by enforcing the Model Code of Conduct (MCC).
• The MCC sets guidelines for the behaviour of political parties and candidates during elections to ensure that elections are conducted in a fair and peaceful manner, free from corrupt practices.

Registered Parties

• Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the requirements for the registration of political parties with the ECI.
• A political party seeking registration must submit its memorandum/constitution to the ECI, which must declare the party's allegiance to the Constitution of India and its commitment to the principles of socialism, secularism, democracy, and the sovereignty, unity, and integrity of India.
• Registered political parties enjoy several legal benefits, including:
  • Donations received by registered political parties are exempt from tax under Section 13A of the Income Tax Act, 1961.
  • They can contest general elections to the Lok Sabha or State Assemblies with a common symbol.
  • They are allowed to have twenty 'star campaigners' during election campaigns.

Recognised Parties

• A party becomes recognized as a national or state party based on its performance in elections, specifically by winning a requisite number of seats and/or securing a required percentage of votes in a general election to the Lok Sabha or State Assembly, as per the provisions of The Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order).
• Recognized parties enjoy additional benefits such as:
  • A reserved symbol for elections.
  • They can have up to forty 'star campaigners'.

Issues with the Registered Unrecognised Political Party (RUPP)

• Non-participation in Elections: Less than a third of RUPPs actually contest elections.
• Lack of ECI Powers: The RP Act does not explicitly grant the ECI the power to de-register a political party for failing to contest elections, not conducting inner-party elections, or failing to lodge requisite returns.
• Supreme Court Ruling: In the case of Indian National Congress versus Institute of Social Welfare & Ors (2002), the Supreme Court held that the ECI does not have the authority to de-register political parties under the RP Act, except in exceptional circumstances such as fraud or the party ceasing to adhere to the Constitution.
• Misuse of Benefits: There are concerns that RUPPs may misuse income tax exemptions and donations for purposes like money laundering.

MCC Violations and ECI's Powers

• Prohibitions under MCC: The MCC prohibits using caste and communal feelings to secure votes and the bribing or intimidation of voters.
• ECI's Enforcement: While recognized political parties often violate the MCC, the ECI typically imposes only short-term bans (e.g., barring leaders from campaigning for a few days).

Recommendations for Improvement

• Empower ECI to De-register Parties: The ECI has suggested amendments to empower it to de-register parties. The Law Commission's 255th report (2015) also recommended amendments to allow de-registration if a party fails to contest elections for ten consecutive years.
• Strict Enforcement of MCC: Under Paragraph 16A of the Symbols Order, the ECI can suspend or withdraw recognition of a recognized party for failing to observe the MCC or comply with lawful directions. This power has been used sparingly but could be applied more rigorously to ensure compliance.

Conclusion

• The ECI's role in enforcing the MCC is critical for maintaining the integrity of elections in India. Enhancing the ECI's powers to de-register non-compliant political parties and strictly enforcing the MCC can help in curbing violations and ensuring a fair electoral process. Implementing recommended reforms would strengthen the ECI's ability to uphold democratic principles and prevent the misuse of benefits by political parties.

Must Read Articles:

MODEL CODE OF CONDUCT

REGISTERED UNRECOGNISED POLITICAL PARTIES (RUPPs)

Source:

THE HINDU

PRACTICE QUESTION Q. With the increasing use of social media and online platforms for political campaigning, how does the Election Commission monitor and regulate the spread of misinformation, hate speech, and other forms of unethical or illegal campaign practices in the digital space, while upholding the principles of free speech and fair electoral practices?